THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 


THE  COLLECTION  OF 
NORTH  CAROLINIANA 


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UK3 
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UNIVERSITY  OF  N  C.  AT  CHAPEL  HILL 


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FOR  USE  ONLY  IN 
THE  NORTH  CAROLINA  COLLECTION 


Form  No.  A-266 


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FIRST  ANNUAL  ADDRESS 


i!i:]'OUi-;    I- 1  IK 


LA  W  CLASS  OF  THE 

UNiVEHSlTY  OF  NORTH  CAROLINA 


i>K.i.i\  Fni-;n   Bv 


HON.  THOMAS  G.  TdLLER, 


JUDGE  OF  THE  UNITED    STATES    COURT   OF    PRIVATE  LAND 
CLAIMS. 


T,   n8q)8. 


WII.SdN  : 
Ailvaiu-c  Piiblisliinjf  Company. 

1.'<!)S. 


Liidlcs  (111(1  Gi'iitliiHcn: 

Gontldiicii  nftlip  Unincfsil (/  Lkii-  ('lass  nf  I (S!)}^: 
Not  all  ol  you  will  become  practiciiif^  lawyers- 
some  of  )()u  doubtless  will  pursue  other  avocations  ; 
it  is  to  those  of  you  who  will  take  upon  yourselves 
the  active,  laborious  and  responsible  duties  of  the 
litigations,  and  the  conduce  and  guidance  of  the  im- 
portant affairs,  of  others,  that  I  shall  chiefly  address 
myself.  There  is  not  among  men  a  nobler  intel- 
lectual pursuit,  nor  is  there  a  higher  moral  standard, 
than  inspires  and  pervades  the  ranks  of  the  legal 
profession  ;  you  will  look,  in  vain,  elsewhere,  for 
more  spotless  honor,  more  absolute  devotion,  more 
patient  industry  and  more  conscientious  fidelity,  than 
is  to  be  found  there.  I  do  not  mean  to  say  that 
among  the  thousands  of  lawyers,  among  the  seventy 
millions  of  people  in  the  United  States,  there  are 
not. some  who  are  base  and  sordid  and  knavish,  but 
I  maintain  that,  in  proportion,  there  are  to  be  found, 
not  a  greater  number  of  disreputable  persons  than 
in  the  other  avocations  of  life 

The  practice  of  law  is  a  most  honorable  avoca- 
tion, and  worthily  pursued,  gives  honor  to  the  law- 
yer, and  by  his  conduct,  it  is  magnified  and  made 
more  honorable.  With,  I  hope,  a  properly  becom- 
ing professional  pride,  I  wish  to  impress  upon  you, 
who  are  to  become  men  of   mark   in  )'our  respective 


4 

coniniunities,  leaders  of  public  thought  and  senti- 
ment, that  you  owe  a  very  high  duty  to  "the  Law  of 
the  Land" — that  by  your  lives  and  conduct  you 
show  forth  that  the  Law  is  majestic,  the  Law  is 
benignant  and  the  Law  is  terrible :  majestic,  be- 
cause it  is  just ;  benignant,  becau>e  it  has  regard  to 
the  frailties  and  infirmities  of  human  nature,  pro- 
tecting as  a  father,  the  weak,  simple  and  defence- 
less ;  and  terrible,  in  that  it  can,  in  its  punitive 
power,  say  to  the  highest  as  well  as  to  the  lowest  of 
humanity,  cease  to  exist,  and  life  ends  at  its  ap- 
pointed time. 

Akin  to  this,  you  owe  another  very   high   duty  to 
the    profession   which    you    have    chosen.      Respect 
your  profession,  and  show  that  you  do  respect  it.  by 
your  conduct ;   do  not  follow  it  as  a  buisness  for  the 
mere  making  of  money,  demand  for  honest,  faithful 
services,  fair  compensation  ;   but  never  take  advan- 
tage   of    your    opportunities     to    cheat,    extort    or 
oppress  ;   the  old  Roman   lawyers  regarded  the  fee 
paid    by    the    client    to   the  lawyer  as  a   "quiddam 
honorarium,"  and  the  lawyer  of  this   day.  who  doe? 
not,  to  a  certain  extent,  so  regard  it  fails  to  shov 
that  high  resptct  for  the  profession  which  is  its  du' 
See  to  it,  that  you   so   discharge   these  duties  as  ■ 
restore  to  the  Law  and  its  ministers,    something  '  f 
the  reverence  of  former  days. 

Before  entering  upon  the  practice  of  the  La  , 
each  one  of  you  will  be  required  to  take  three  oat  ■, 
and,  as  you  shall  properly  understand  and  faithfu    y  ' 


5 
fvillill  these  ohliirations,  so  shall  your  mcinory  live 
anions^  your  fellow-men,  and  \aur  children's  cliildren 
shall  call  you  blessed. 

1st.  Vou  >hall  swear  to  support  and  maintain  the 
Constitution  ol'  the  United  .States  ; 

2nd.  'To  support  and  maintain  the  Constitution  of 
the  State  of  North  Carolina,  not  inconsistent  with 
the  Constitution  of  the  United  States  ;  and 

3rd.  To  honestly  and  faithfully  demean  yourself 
as  an  attorney  and  counsellor  at  Law. 

You  will  observe  that  paramount  allegiance  is 
due  to  the  United  States,  and  that  the  man  oi  today, 
without  cherishincr  bitter  memories  of  the  past — 
regarding-  the  war  between  the  States  as  a  mere 
episode  in  the  nation's  life — yielding  full  and  active 
assent  to  the  logic  of  accomplished  tacts — recogniz- 
•ng  the  great  American  Union  with  every  State  and 
Territory  as  uis  Country,  for  which  in  his  patriotic 
ardor  he  feels  that,  if  need  be,  it  would  be  decorous 
and  sweet  to  die:  this  feeling  entertained,  and 
illustrated  by  life  and  conduct,  and  nothing  less 
than  this,  is  the  proper  keeping  of  the  first  oatH. 
In  brief,  paramount  allegiance  to  the  Constitution  of 
the  United  States  only  finds  expression  in  the  sen- 
timent, "Our  Country,  may  she  always  be  right; 
but  right  or  wrong,  our  Country." 

To  support  and  maintain  the  Constitution  of 
North  Carolina,  with  all  that  due  allegiance  to  the 
State,  implies,  both  in  its  letter  and  spirit,  needs  no 
explanation  to  the  sons  of  the  sires  who  were  "First 


at  Bethel  and  last  at  Appomattox." 

And  the  third  and  last,  or  the  attorney's  oath,  as 
it  is  called,  requires  the  practice  of  good  faith  in  all 
of  a  lawyer's  dealings,  but  particularly  of  the  utmost 
good  faith,  and  of  the  highest  honesty,  in  the  rela- 
tion of  attorney  and  client;  remember,  that  when 
this  relation  is  once  established,  the  attorney  may 
not  sever  it  without  good  cause  ;  and  that  while  the 
relation  exists  he  is  bound,  by  his  oath  and  honor, 
to  serve  the  client  as  he  would  serve  himself.  He 
must  be  sober,  that  he  may  always  be  ready  for  any 
required  service  ;  he  must  be  diligent  in  the  prepar- 
ation and  trial  ot  his  case,  m  order  that  he  may 
serve  him  intelligently;  he  must  be  vigilant,  lest  by 
his  inattention  the  client's  interests  suffer,  and 
above  all,  he  must  be  so  true  to  the  client  that  he 
will  do  all  in  his  power  that  the  law  permits,  accord- 
ing to  the  best  of  his  skill  and  ability,  and  that  an 
honorable  man  can  be  required  to  do  :  and  to  do 
less  than  this  is  not  the  honest  and  faith'"ul  demean- 
or of  an  attorney. 

•  Having  been  inducted  into  the  high  and  honora- 
ble office  of  Attorney  and  Counsellor,  the  question 
which  is  the  title  of  one  of  the  most  powerful  works 
of  English  fiction  demands  an  answer,  "What  will 
he  do  with  it?"  and  I  answer,  he  will  do  his  duty,  or 
he  will  do  less  that  his  duty — he  cannot  do  niore — 
and  that  duty  is  to  serve  his  client,  and  to  devote 
to  that  service  all  the  powers  of  his  mind  and  heart 
— to  serve  him  to  the  veree  of  the  law,  and  till  sue- 


/ 
cc-^s  crowns  his  clTorts  or  "Jeath's  pale  llaL,'^  lloats 
o'er  the  ramparts." 

The  lawyer's  duties  to  his  cliiiu  rano^e  themselves 
iimler  two  general  heads — to  counsed  and  advise, 
and  to  try  his  cases  in  the  Courts. 

On  tin;  lirst,  I  shall  not  dilate,  only  remarkin^^ 
that  as  the  law  arises  from  the  facts,  the  la\v)er  be- 
fore giving  advice  should  diligently  seek  to  possess 
himself  of  the  facts,  and  after  doing  this,  for  the 
law  should  go  to  the  "books";  for  I  give  unto  you 
a  better  commandment  than  "'Go  West,  young 
man,"  which  is  "Stay  in  your  office  and  go  to  the 
books,  young  man." 

In  the  trial  of  a  case  in  the  Courts  of  Nisi  Prius. 
before  a  judge  and  jury,  if  it  be  one  of  great 
importance,  especially  if  the  supreme  issue  of  life  or 
death  is  to  be  tried,  it  will  tax  all  the  powers  of 
mind  and  body  to  so  conduct  the  trial,  that  at  its 
close  the  conscientious  lawyer  can  say  to  himselt, 
well  done.  As  in  such  cases  the  verdict  is  accord- 
ing to  the  evidence,  the  most  important  part  in  the 
conduct  of  a  trial  is  the  exauMnation  and  cross- 
examination  of  the  witnesses.  There  is  not  an 
experienced  practitioner  of  the  law  whose  observa- 
tion does  not  confirm  the  statement  of  one  of  the 
ablest  criminal  lawyers  this  country  has  produced, 
"that  there  Is  often  more  mind  and  more  knowledge 
of  human  nature  displayed  in  the  examination  of 
witnesses  than  in  the  discussion  of  the  cause  to 
which    their    testimony    relates.      Evidence  without 


argument  is  worth  much  more  than  argument  with- 
out evidence.     In   their  union  they  are  irresistible." 

I  therefore  present  to  you  twenty  rules  for  the 
examination  and  cross-examination  of  witnesses, 
formulated  and  illustrated  by  the  same  able  lawyer 
to  whom  I  have  referred,  which,  tested  by  my 
observation  and  experience,  it  is  always  safe  to  fol- 
low, and  from  which  it  is  always  perilous  to  depart. 
These  rules,  well  called  "Golden  Rules,"  each 
young  lawyer  should  study  and  practice  until  they 
become  a  part  of  his  professional  being. 

First.   As    to    your    own    witnesses :   If   they   are 
bold,  and  may  injure  your  case  by  pertness  or  lor 
wardness,     observe    a    gravity    and    ceremony    of 
manner  towards  them,   which  may  be  calculated  to 
suppress  their  assurance. 

Second.  If  they  are  alarmed  or  diffident,  and  their 
thoughts  are  evidently  scattered,  commence  your 
examination  with  matters  of  a  familiar  character, 
remotely  connected  with  the  subject  of  their  alarm 
or  the  matter  in  issue,  as,  for  instance.  Where  do 
you  live  ?  Do  you  know  the  parties  ?  How  long 
have  you  known  them?  &c.;  and  when  you  have 
restored  them  to  composure,  and  the  mind  has 
gained  its  equilibrium,  proceed  to  the  more  essen- 
tial features  of  the  case,  being  careful  to  be  mild 
and  distinct  in  your  approaches,  lest  you  may 
trouble  the  fountain  again  from  which  you  are  to 
drink. 

Third.  If    the   evidence   of  your  own   witness  be 


9 

unfavoral:>l(i  to  yoxi,  (Which  slioiild  always  be  care- 
fully j^uanleil  at^ainst),  cxhiljit  no  want  of  compo- 
Murt-:  f(ir  ihin-  arc  iiian\  minds  that  form  opinions 
■of  the  nature  or  ciiaraiter  of  testimony,  chielly  from 
the  t-ffect  w  hitJT  it  may  appear  to  produce-  ujjon  die 
<Humst-l. 

I'ourtii.  If  \()u  perci-ive  that  the  mind  of  the  wit- 
ness is  indjued  with  prejudice  against  your  client, 
liopc^  ijut  little  from  such  a  quarter;  unless  there  be 
some  facts  which  are  essential  to  your  client's  pro- 
tection, and  which  that  witness  a'one  can  prove : 
tiither  do  not  call  him  <5r  get  rid  of  him  as  soon  as 
soon  as  |)ossible.  It  tht;  opposite  coimsel  perceive 
the  bias  to  which  I  have  referred,  he  maj-  employ  it 
to  your  own  ruin.  In  jutlicial  inquiries,  of  all  possi- 
ble evils,  the  worst,  and  the  least  to  be  resisted,  is 
an  enemy  in  the  disguise  of  a  friend.  You  can  not 
impeach  him,  you  can  not  disarm  him,  you  can  not, 
indirectly  even,  assail  him  ;  and  if  you  exercise  the 
onlv  privilege  which  is  left  to  you,  and  call  other 
witnesses  for  the  purpose  of  explanation,  you  must 
bear  in  mir.d  that  instead  ot  carrying  war  into  the 
tinemv's  country,  the  struggle  is  between  sections 
of  your  own  forces,  and  in  the  very  heart,  perhaps, 
of  your  own  camp.     Avoid  this  by  all  means. 

Fifdi.  Never  call  a  witness  whom  )-our  adversary 
will  b<-  compelled  to  call.  This  will  afford  you  the 
1'rivilege  of  cross-examination,  take  from  your  op- 
ponent the  .same  privilege  it  thus  gives  you,  and, 
in    addition    thereto,  '  not    onlv    renders   ever\thing 


to 

unfavorable  said  by  the  witness  doubly  operative 
against  the  party  calling  him,  but  also  deprives  that 
party  of  the  power  of  counteracting  the  effect  of  the 
testimony. 

Sixth.  Never  ask  a  question  without  an  object, 
nor  without  being  able  to  connect  that  object  with 
the  case,  it  objected  to  as  irrelevant. 

Seventh.  Be  careful  not  to  put  your  question  in 
such  a  shape  that,  if  opposed  for  informality,  you 
cannot  sustain  it,  or,  at  all  events,  produce  strong 
reason  in  its  support.  Frequent  failures  in  the  dis- 
cussion of  points  of  evidence  enfeeble  your  strength 
in  the  estimation  of  the  jury  and  impair  your  hopes 
in  the  final  result. 

Eighth.  Never  object  to  a  question  from  your 
adversary  without  being  able  and  deposed  to  en- 
force the  objection.  Nothing  is  so  monotonous  as 
to  be  constantly  making  and  withdrawing  objections 
— it  either  indicates  a  want  of  correct  perception  in 
making  them,  or  a  deficiency  of  reason  or  of  moral 
courage  in  not  making  them  good. 

Ninth.  Speak  to  your  witness  clearly  and  dis- 
tinctly, as  if  you  were  awake  and  engaged  in  a  mat- 
ter of  interest;  and  make  him. also  speak  distinctly 
and  to  your  question.  How  can  it  be  supposed  that 
the  court  and  jury  will  be  inclined  to  listen,  when 
the  only  struggle  seems  to  be  whether  the  counsel 
or  the  witness  shall  first  go  to  sleep  ? 

Tenth.  Modulate  your  voice  as  circumstances 
m.iy  direct.  "Inspire  the  fearful  and  repress  the 
bold." 


1 1 

Eleventh.      Never   bcj^nn  liefore  you  are  ready — 

;\nti  always  finish  when  you  have  clone.     In  other 

words,  do  not  question  for  question's  sake,   but  for 

an  answer. 

CROSS    EXAMINATION. 

I'irst.  Except  in  indifferent  matters,  never  take 
Aour  eye  trom  that  of  the  witness.  This  is  a  chan- 
nel ot  commi.'nication  from  mind  to  mind,  the  loss  of 
which  nothing  can  compensate. 

"'i'nitli,  falsehood,  hatred,  anger,  scorn,  despair. 
And  all  the  passions — ,dl  the  soul  is  there." 

Second.  Be  not  regardless,  either,  of  the  voice 
o4  the  witness ;  next  to  tue  eye,  this  is  perhaps  the 
best  interpreter  of  his  mind.  The  very  design  to 
screen  conscience  from  crime,  the  mental  reserva- 
tion of  the  witness,  is  often  manifested  in  the  tone 
or  accent,  or  emphasis  of  the  voice.  For  instance, 
it  beconiing  important  to  know  that  the  witness  was 
at  the  corner  of  Pirst  and  Second  streets  at  a  cer 
tain  time,  the  question  is  asked,  "Were  you  at  the 
corner  of  First  and  Second  streets  at  six  o'clock  ?  A 
frank  witness  would  answer,  perhaps,  "I  was  near 
there."  But  a  witne^  who  is  desirous  to  conceal 
the  fact  and  defeat  your  object,  (speaking  to  the  let- 
ter rather  than  to  the  spirit  of  the  inquiry),  answers 
"No,"  although  he  may  have  been  within  a  stone's 
throw  of  the  place,  or  at  the  very  place  within  ten 
minutes  (»1  the  time.  The  common  answer  of  such 
a  witness  would  be,  "I  was  not  at  the  corner  at  six 
o'clock  -•*"      Emphasis  upon    both  words   jjlainly   im- 


12 

plies  a  mental  evasion  or  equivocation,  and  L,n've'!? 
rise,  with  a  skillful  examiner,  to  the  question,  "Ar 
what  hour  were  you  at  the  corner ?"or  '"At  what 
place  were  you  at  six  o'clock  ?"  And  in  nine  in- 
stances out  of  ten,  it  will  appear  that  the  witnes-s; 
was  at  the  place  about  the  time  or,  at  the  tin>e  about 
the  place.  There  is  no  scope  for  further  illustration: 
but  be  watchful,  I  say,  of  the  voice  and  the  princi- 
ciple  may  be  easily  applied. 

Third.  Be  mild  with  the  mild,  shrewd  with  the 
crafty,  confrdincr  with  the  honest,  merciful  to  the 
young,  the  frail  or  the  frarful,  rough  to  the  ruffian, 
and  a  thunderbolt  to  the  liar.  But  in  all  this,  never 
be  unmindful  of  your  own  dignity.  Bring  to  bear 
all  the  powers  of  your  mind,  not  that  you  may  shine, 
but  that  virtue  may  triumph  and  your  own  cause 
prosper. 

Fourth.  In  a  criminal,  especially  in  a  capital  case, 
so  long  as  ^our  cause  stands  well,  ask  bnt  few  ques- 
tions, and  be  certain  never  to  ask  any,  the  answer.'i 
to  which,  (if  against  you)  may  destroy  your  client, 
unless  you  know  the  witness  perfectly  well,  and 
know  that  his  answer  will  be  favorable,  equally  well; 
or  unless  you  be  prepared  with  testimony  to  destro) 
him,  if  he  play  traitor  to  the  truth  and  your  expect 
ation. 

Fifth.  An  equivocal  question  is  almost  as  much 
to  be  avoided  and  condemned  as  an  equivocal  an- 
swer. Singleness  of  purpose,  clearly  expressed,  is 
the  best  trait  in  the  examination  of  witnesses-wheth- 


er  ihvy  lie  honest  or  the  reverse,  I'alseliooel  is  not 
tletectcil  by  cunning,  hut  by  the  lic^ht  of  truth,  or 
if  by  cunning  it  is  the  cunning  of  ilie  witness  and  not 
of  the  counsel. 

Sixth.  If  the  witness  is  (letennined  to  be  witty  or 
refractor\'  with  you,  you  hatl  better  settle  that  ac- 
count with  him  at  first,  or  its  items  will  increase  with 
the  examination.  Let  him  have  an  opportunit)  ot 
satisfying  himself,  either  that  he  has  mistaken  your 
power  or  his  own.  But,  in  anv  result,  be  caretul  that 
you  do  not  lose  your  temper,  .-\nger  is  always, 
either  the /precursor  or  evidence  ot  assured  defeat 
in  any  intellectual  conllict. 

Seventh,  Like  a  skillful  chess  player,  in  every 
move  fix  your  mind  upon  the  combinations  and  re- 
lations of  the  game — partial  and  temporary  success 
may  otherwise  end  in  total  and  remediless  defeat. 

Eighth.  Never  undervalue  your  adversary ;  but 
stand  steadily  upon  your  guard.  A  random  blow 
may  be  just  as  effective  as  though  it  were  directed 
by  the  most  consumate  skill — the  negligence  ot  one 
often  cures,  and  sometimes  renders  effective,  the 
blunders  of  another. 

Ninth.  Be  respectful  to  the  court  and  jury,  kind 
to  your  colleague,  civil  to  your  antagonist,  but  never 
sacrifice  the  slightest  principle  of  duty  to  an  over- 
weening deference  toward  either." 

A  judicious  and  clear  developement  of  the  tacts  ot 
the  case  is  more  important  than  the  ablest  and  most 
eloquent  argument,  indeed  skillful  examination  otten 


14 

secures  a  verdict  without  argument' 

The  charge  given  to  the  jury  in  empanelling 
them,  ">  it  together,  hear  your  evid>  nee  and  give 
your  verdict  accordingly,"  is  not  mere  formality;  for 
as  no  evidence  can  be  considered  by  the  jury  except 
that  which  the  judge  permits  to  go  to  them,  so  none 
other  is  "their  evidence,"  and  as  the  jury  judges  of 
the  credibility  of  the  witness  by  his  manner  and  de- 
meanor upon  the  stand,  by  his  attitude  towards  the 
parties  and  the  cause,  etc.,  it  is  the  business  ot  the 
examining  lawyer  to  bring  these  matters  to  their  at- 
tention and  thus  make  these  things  "their  evidence" 
as  well  as  the  matter  to  which  the  witness  tesiific;. 
And  you  will  also  remember  that  the  jury  and  the 
judge  bemg  mere  men,  with  the  same  feelings,  pas- 
sions, frailties  and  infirmities  that  other  men  have, 
are  intluenced,  (unavoidably  often),  by  the  manner 
of  his  counsel,  to  take  a  favorable  or  unfavorable 
view  of  the  client's  cause. 

And  just  here,  I  will  remark,  that  though  trial  by 
jury,  sometimes,  falls  short  of  the  ascertainment  of 
truth,  it  is  because  it  is  of  human  origin,  and,  like  all 
of  the  other  works  ot  man,  is  not  perfect ;  but  this 
much  may  and  must  be  said  for  it— the  ingenuit)'  ot 
man  has  never  found  a  better  method  for  the  trial  ot 
disputed  facts. 

The  next  step  in  importance  in  the,  trial  of  a  case 
is  the>  argument  of  counsel  or  the  summing  up  of  the 
evidence. 

The  lawver  has  no  more  difficult   task  to  oerform 


15 
than  tliat  of  (Icfctulino-  a  iicrson  rhai\<,fc(l  with  a  cap- 
ital felony.  1  will  therefore  ofter  you  some  sugges- 
tions in  that  b(;half ;  the  result  of  reading  the  lives 
ant!  writings  ot  great  masters  ot  the  art  of  defend- 
ing persons  for  their  lives,  tested  and  verified  by 
111)'  own  ('xperience  and  observation   in   the  courts. 

Before  you  undertake  to  defend  in  a  case  of  this 
kind,  be  well  satisfied,  in  your  own  mind,  that  you 
are  competent  to  discharge,  properly,  the  fearfully 
responsible  duty  you  are  called  upon  to  assume  ;  do 
not  let  a  desire  for  that  notoriety,  (which  appear- 
ance in  a  case  of  great  interest  in  the  community  al- 
ways gives),  blind  you  to  the  difficulties  and  dangers 
by  which  you  will  inevitably  be  surrounded;  for  re- 
member, if  your  task  be  unskilHully  and  poorly  per- 
formed, the  blood  of  the  defendant,  the  maledictions 
of  his  relatives  and  friends,  the  contempt  of  the 
community,  and  condemnation  of  your  own  con- 
science will  deservedly  be  laid  upon  you,  as  the  re- 
sult of  your  presumptuous  fo'ly.  If  not  satisfied, 
fully  satisfied,  of  your  ability,  either  decline  the  pro- 
posed employment  or  insist  that  more  experienced 
and  able  counsel  shall  take  the  leading  part  while 
you  become  the  junior. 

If  you  are  satisfied  that  you  are  both  intellectually 
and  physically  competent  to  the  task,  you  should 
decline  the  employment  unless  you  feel  assured  that 
your  feelings  are  deeply  enlisted  for  the  defendant, 
and  that  your  feelings,  instead  of  impairing  your  ef- 
forts will   only  incite  you  to  redouble  them.     Vou 


i6 

should  feel  that  you  will  not  make  any  cold-blooded 
defence,  but  that  with  all  of  your  powers,  both  of 
mi"d  and  body,  you  will  make  the  defence  ;  that  you 
will  defend  as  you  would  defend  ^our  own  wife  or 
son  or  daughter  or  yourself,  and  that  you  will  not 
abate  one  jot  of  heart  or  hope  until  the  fatal  trap 
shall  fall  ;  and  then  you  will  have  the  consolation 
of  teeling,    "I  knew  my  duty,  and  I  did  it." 

Having  undertaken  the  defense,  you  should  then 
see  the  defendant  at  the  earliest  moment  possible, 
and  at  once  gain  his  confidence  ;  when  this  is  done 
let  him  make  his  statement  of  the  matter  fully  and  at 
the  greatest  length  he  will,  and  to  encourage  him  to 
be  frank  give  him  the  assurance  that  whatever  he 
shall  say  to  you  M-ill  never  be  divulged  nor  can 
you  ever  be  made  to  divulge  it ;  do  not  be  impatient, 
do  not  hurry  him  but  rather  encourage  him  to  tell 
you  all  about  himself,  his  mode  and  habits  of  lile 
and  thought,  his  family  and  connections,  his  likes 
and  dislikes,  and  especially  everything  relating  to 
the  crime  with  which  he  is  ch-irged,  and  his  connec- 
tion, if  any,  therewith  I  say  you  must  be  patient 
with  the  defendant,  especially  in  the  first  interview, 
for  if  you  will  defend  him  as  )Ou  would  defend  your 
self,  you  must  seek  to  learn  as  much  about  his  life 
and  character  as  you  know  about  your  own  ;  nor 
need  you  fear  that  he  will  tell  you  such  things  about 
himself  as  will  cause  your  zeal  in  his  behalf  to  sensi- 
bly abate,  for  defendants  always  make  to  their  law- 
yer  statements  the   most   favorable    to   themselves 


»7 
that  can  ho  m;nlc. 

VVlu-ii  tlic  (icrcnchint  is  l)r()u^ln  u\)  ]n:{nrc  th(;  ex- 
aniiiiini^  inaj^isrratc  lor  preliminary  Iicariny-,  waive 
<:xamination,  unless  you  teel  absolutely  certain  that 
it  can  be  shown  either  that  no  crime  or  at  least  no 
capital  crime  has  been  committed,  or  that  there  is  no 
probable  reason  to  bt-lieve  that  the  defendant  is  guil- 
ty; unless,  I  say, it  is  so  ^r/Asv^Z/t^/'/// certain,  waive  ex- 
amination and  let  the  defendant  go  to  jail.  It  you 
deem  it  of  gr  at  importance  to  learn  what  the  wit- 
nesess  for  the  prosecution  will  testify  to  (iik/  can 
not  li-iirn  it  othmcist'.  it  is  sometimes  advisable 
to  decline  to  introduce  t^he  defendant's  evidence 
after  the  evidence  for  the  prosecution  is  in;  butgen- 
erallv  this  course  is  not  advisable — as  upon  a  waiver 
of  examination  there  is  no  record  ot  the  evidence, 
suchof  the  witnesses  for  the  prosecution  as  have  died 
or  moved  beyond  the  limits  of  the  State  can 
not  be  used  against  you  at  the  trial. 

I  have  said  let  the  defendant  go  to  jail;  there  is 
no  better  place  for  the  defendant  to  spend  the  in 
terval  between  his  arrest  and  trial  than  the  jail. 
True  there  are  discomforts  attending  imprisoment, 
and  confinement  is  irksoni;  but  in  jail  the  defendant 
is  more  nearly  under  the  control  of  his  counsel,  the 
jailor  may  be  forbidden  to  allow  any  one  to  see  his 
prisonerexcept  by  his  counsel's  conaent.and  even  the 
keepers  may  be  forbidden  to  talk  to  the  prisoner  or 
allow  him  to  talk  to  them  about  his  case.  Vou  will 
find  that   nearl)-   the   only    surprises   that  well   pre- 


i3 

pared  counsel  encounters  are  I'ncrimmating'  sfafe- 
ments  made  or^inanufacCured  to  thej>risoner's  hurt — - 
indeed  it  is  a  conimon  saying  that  nien  chargetl  with 
Iiigh  crimes  are  more  hurt  by  what  they  say,  or  what 
it  is  alleged  they  say,  tharr  what  they  do. 

Again,  the  sympathy  of  the  comrrtunity  generally 
turns  to  the  defendant  in  jail,  especially  if  his  im- 
prisoment  has  been  long  continued. 

Another  safe  rule  to  follow  ts  never  to  try  a, 
doubtful  case  at  the  tirst  term  of  court,  if  it  can  pos- 
sibly be  avoided;  and  not  to  try  it  as  long  as  you 
can  continue  it,  unless  at  a  given  term  you  can 
gain  an  important  advantage  that  would  not  be  /jo.s- 
slhl,i>  to  you  at  a  subsequent  term.  Time  is  a  great 
healer.  Witnesses  may  die,  or  remove  and  not  be 
tound,  the  ardor  of  the  prosecution  may  cool,  the 
temper  of  the  witnesses  for  the  prosecution  may 
modify,  and  the  violence  of  the  public  sentiment 
against  the  prisoner  will  surely  abate  as  the  time 
the  prisoner  remains  in  jail  is  extended. 

You  will  understand  that  it  is  not  easy  in  all  cases 
to  follow  these  directions,  for  the  friends  and  rela- 
tiver  ot  the  defendant,  in  their  anxiety  to  save  him 
will  generally  complain  that  the  defendant's  case 
was  not  gone  into  fully  before  the  examining  mag- 
istrate, or  that  an  effort  has  not  been  made  to  baiJ 
him,  or  that  his  imprisoment  has  been  so  long  con- 
tinued, and  frequently  the  defendant  is  of  the  same 
opinion.  But  firmly  and  decidedly  you  should  dis- 
regard their  clamor,  and  make  them  understand  and 


19 
Te-jl  tliat  wliat  yon  do  "is  for  tlie  best  atnl  is  l)fst  cal- 
culated to  produce  a  favoral)le   result. 

Of  course  you  must  continually  and  urgently  ad- 
vis",and  roiniinimi  the  defendant  that  he  shall  talk 
to  no-one,  'either  friend  or  relative,  priest  or  lay- 
3nan, "about  his  case- 
In  the  preparation  of  the  case  and  esj^ecially  in 
its  trial  )'Ou  niust  know  no  fear,  hut  that  of  failure, 
.;tnd  even  that  you  must  permit  nobody  to  discover 
through  you  Waive  no  right  that  you  may  pos- 
sess, that  may  affect  the  defendant,  and  permit  no 
advantage  to  be  taken  of  him — Remember,  you 
^^uard  the  citadel  of  human  life — be  wary  and  be 
rtrm.  The  judge  and  the  jury,  it  is  true,  take  the 
life  of  the  defendant,  but  you  are  not,  by  ^'our  fail- 
ure, in  ar.y  respect,  to  give  it  away.  You  like  the 
■gladiator  are  to  train  carefully  and  laboriously  for 
the  conflict,  and  like  him  to  strive  mightly  for  the 
imstery,  and  win  the  splendid  prize  of  victory — the 
life  of  man.  And  after  all  of  your  efforts  you  may 
not  acquit  an  innocent  man,  but  you  will,  by  a  firm, 
faithful  and  fearless  dischiirge  of  your  duty,  acquit 
yourself. 

You  must  enter  on  the  trial  of  a  capital  case  as  a 
physician  should  enter  the  death  chamber;  calmly, 
gravely,  solemnly — all  eyes  are  upon  yx)u,  all  hopes 
are  upon  you,  all  fears  are  upon  you.  That  is  no 
time  for  flippancy,  or  agitation,  much  less  for  smil- 
ing or  merriment;  sport  would  be  as  well  timed  at  a 
funeral. 


20 

Sit  by  the  prisoner  while  you  make,  for  hun,  hK 
challenges  to  jurors;  do  it  in  a  mild,  courteous  way. 
lest  you  make  enemies,  while  your  chief  object 
should  be  to  make  friends.  If  you  ever  challenge 
for  cause  and  the  challenge  fails,  be  certain  you 
have  not  exhausted  your  right  to  a  peremptory 
challenge,  a"d  iiiniicdidifl'i  ixa-ciar  it,  and. 
never  challenge  the  last  juror  to  be  presented  to 
you  unless  you  have  a  peremptory  challenge. 

The  jury  being  completed,  deliberately  proceed 
with  the  trial  of  your  case — no  hurry,  no  confer- 
ences, no  gossip,  no  levity,  no  divided  attention — 
note  all  that  transpires  closely,  and  look  as  you 
should  feel,  calm  and  composed;  lor  the  defendant, 
and  all  connected  with  him  look  at,  and  to  you 

If  the  witnesses  for  the  prosecution  do  not  affect 
j'our  defense,  seriously  do  not  cross-examine  them 
at  all,  unless  you  are  certain  they  can  and  will  prove 
something,  affirmatively,  for  the  defence. 

In  trying  your  case,  if  the  character  ot  the  defen- 
dant be  strong,  and  his  facts  weak,  introduce  your 
character  witnesses  first;  if  his  facts  be  strong  and 
his  character  weak,  introduce  his  character  witnesses 
last,  or  not  at  all,  which  last  is  generally  the  better 
course  to  pursue. 

It  is  permitted  to  examine  the  defendant  as  a 
witness  in  his  own  behalf,  and  though  the  law  por- 
vides  that  if  he  does  not  avail  himself  of  the  privi- 
lege he  shall  not  be  prejudiced  thereby,  and  though 
the  judge  will  charge  the  jury,  as  the  law  makes  it 


31 

his  tluty  to  do,  that  no  inference,  unfavorable  to  the 
defendant,  it  is  to  be  drawn  by  them  l)y  a  reason  ol 
such  failure:  yet  they  will,  (naturally  perhaps)  con- 
clude that  the  defendant  does  not  140  on  the  stand 
because,  and  onI\-  because,  he;  knows  himselt  to  be 
j^uilty  and  is  afraid  oi  the  cross-examination;  there- 
fore; if  the  prisoner  be  an  intelliafent  man,  and  be- 
ing made  to  understand  the  risk,  insists  upon  tes- 
tifying, it  is  safer  to  let  him  do  so,  unless  you  are 
absolutely  sure  it  would  be  too  hazardous — if  you 
are  so  sure,  it  is  your  duty  to  decline  to  put 
him  on  the  witness  sta.nd,  inid  f^ik  '  ff/f  '-I's/jou- 
.sihilih/  tijtonijoiu-slf-  The  determination  of  this 
matter  is  extremely  difficult,  'frequently,  and  re- 
quires the  deliberate  exercise  of  your  best  judg- 
mef.t,  iminduenced  by  any  other  consideration  than 
the  promotion  of  the  best  interest  of  the  defendant, 
He  may  desire  to  go  on  the  witness  stand,  may  in- 
sist upon  it,  may  demand  it  as  his  right — his  friends 
may  jiin  him,  the  greatest  pressure  maybe  brought 
to  bear  upon  you  to  yield,  and  you  will  doubtless 
earnestly  wish  to  yield  to  their  pleadings.  But  if 
jjnLU-jiC(lgt)iri}fs'i//s  nci.  you  must  firmly  refuse. 

Throughout  the  trial,  you  must  never  despair.  1 
have  often  known  the  worst  case  in  the  beginning, 
proveto  be  the  best  case  in  the  end.  If  the  defendant 
have  a  family,  much  as  it  may  cost,  the  family  should 
be  present  with  him  in  the  hour  of  his  extremist 
need:  he  will  suffer  more  by  their  absence.  Their 
presence  will  give  a  proper  tone  and  complexion  to 


the  scene — it  is  worth  a  thousand  fancy  sketches  of 
conjugal  offiHal  agony.  The  sight  of  the  agonized 
condition  of  the  wife  and  children  and  the  conteni- 
plation  of  their  wretchedness  in  case  of  an  adverse- 
verdict,  and  their  joy  and  gratitude  if  the  verdict 
shall  be  favorable  to  the  defendant,  will  bnng  to 
the  jury's  mind  more  forcibly  than  everything  else 
can,  a  sense  of  their  own  responsibility,  and  fortify 
them  for  the  proper  discharge  of  their  duty,  to  give 
to  the  defendant  the  full  "benefit  of  any  reasonable 
doubt"  and  to  act  upon  that  humane  maxim  of  the 
law,  that  it  is  better  "that  ninety  and  nine  guilty 
men  should  escape  than  that  one  innocent  man 
should  suffer." 

If  your  efforts  shall  be  crowned  with  success,  be 
thankful  to  God  and  the  jury,  but  exhibit  no  vain 
spirit  of  boasting;  enjoy  your  triumph  with  becom- 
ing modesty  and  moderation. 

If  the  defendant  is  convicted,  do  not  despair — as 
an  old  lawyer  friend  of  mine  used  to  say  "a  gix.d 
lawyer  only  begins  to  fight  when  a  verdict  is  re- 
turned against  his  client."  Certain  it  is  that  much 
is  to  be  hoped  from  a  motion  for  -i  new  trial,  or  a 
motion  in  arrest  of  judgment,  or  failing  these,  from 
an  appeal  to  the  Court  of  last  resort,  It  is  only  af- 
ter the  judgment  of  the  trial  court  is  affirmed,  and  a 
pardon  has  been  refused,  and  the  executioner  has 
carried  into  effect  the  sentence  and  judgment  of  the 
law — then,  and  not  till  then,  are    your  duties    done. 

But  to  return  from  this  disofression   to  the   areu- 


23 

nrnt,  or  siininilnnr  \i|i  of  the  tvidcncc.  If  lhcr<i  is 
moi-L-  thati  oiH-  attorney  for  the  defence,  tlie  one 
who  is  to  make  tlie  main  argument,  should,  (except 
(or  good  cause)  conduct  the  examination  of  the  wit- 
nesses. Which  one  shall  make  the  main  argument 
and  which  orre  conduct  the  examination,  should  as 
far  as  possible  be  settled  before  the  trial  begins. 

It  tile  defendant  introduce  no  evidence  his  side  is 
entided  to  open  and  conclude;  in  that  event,  a 
junior  should  open  and  the  leader  conclude;  but  the 
junior's  opening  should  not  be  merely  iormal — he 
should  be  instructed  to  do  his  best.  If  the  prosecu- 
tion has  the  opening  and  conclusion,  it  is  a  much 
mooted  point  as  to  whether  the  leader  for  the  de- 
fence should  make  the  opening  or  closing  speech  on 
his  side.  I  have  observed  the  best  results  gen- 
erally follow  the  leader's  making  the  opening,  es- 
pecially if  he  be  a  practiced  and  able  advocate — in 
this  opening  he  should  disclose  the  tuli  defence, 
clearly  and  candidly  and  cover  the  whole  ground,  as 
'f  nobody  on  his  side,  were  to  speak  after  him.  This 
-course  is  commended  by  at  least  two  good  reasons: 
first  it  presents  to  the  jury,  at  the  earliest  pos- 
sible moment,  the  prisoners  defence  under  the  most 
favorable  light,  and  second  if  the  opening  be 
thorough  and  exhaustive  (as  it  should  be)  it  is  very 
apt  to  give  tone  and  dirction  to  the  whole  subse- 
quent discussion. 

The  counsel  should  come  to  the  argument  of  the 
case  in  the  best  possible  physical  condition;  keeping 


H 

up  as  far  as  he  can  his  regular  habits,  he  should  q;e^ 
if  possible  eight  hours  of  sound,  healthy  sleep  the 
night  before  he  is  to  speak;  for,  1  assure  you,  it  is 
much  more  conductive  to  the  successful  termination 
of  the  defendant's  case,  that  his  counsel  should 
sleep  well  the  night  before,  than  that  he  shall  spend 
the  night  in  preparation,,  which  he  should  have  com- 
pleted before — for  it  is  better  that  the  case  should 
be  fully  prepared  tor  argument  than  that  the  coun- 
sel should  be  physically  unprepared  to  argue  it. 
Lord  Coke's  rule  is  a  good  one  for  a  lawyer  to  fol- 
low at  all  times:  "Eight  hours  to  sleep'  to  law's 
grave  study  seven,  eight  to  the  world,  and  all  to 
heaven." 

Lawyers  should  not  take  notes — especialh'  should 
those  who  make  the  defence  of  persons  charged 
with  high  criminal  offences  somewhat  of  a  speciality; 
rely  on  memory,  so  far  at  least  as  the  testimony  of 
the  witnesses  is  concerned;  cultivate  the  memory, 
and  it  will  be  so  strengthened  thereby  that  it  will 
serve  you  bettt  r  than  any  notes,  other  than  the 
verbatim  notes  of  a  stenographer,  as  to  accuracy; 
while  memorized  testimony  is  infinitely  the  best  for 
use  in  other  respects.  I  have  known  lawyers  to  try, 
and  try  well,  long  and  complicated  cases  without 
taking  asingle  note  from  the  beginning  to  the  end 
of  the  trial. 

When  you  come  to  address  the  jury,  '  be  calm  and 
deliberate  and  do  not  begin  until  you  are  ready, 
don't  look  up  at  the  jury  as  if  you  feared  them,  don't 


1nt)k  down  ii|jon  them  as  il  yiui  dcspisccl  ihcin,  hut 
look  each  one  dead  in  the  eyes,  and  speak  to  ynur 
client's  cause."  Such  was  the  advice  I  heartl  an 
old  lawyer  i^ive  to  a  youiiL^  one,  nian\'  )ears  a^j^o;  bet- 
ter could  not  \)i.\  i^iven,  as  my  e\[jerience  and  obser- 
vation have  proven. 

The  jury,  the  twelve  plain  men  selected  as  the 
law  directs,  are  not  the  jurors  of  the  State  or  of  the 
lief-Mulant;  they  are  the  jurors  of  the  law,  upon 
whom  has  been  imposed  the  solemn  and  res[jonsi- 
hle  duty  ol  ijassing-  between  the  State  and  the  priso- 
ner at  the  bar  upon  his  life  and  death — and  they 
are  generall)'  competent  to  tlie  task — such  is  the 
experience  of  the  ages — for  there  is  no  right 
so  precious  to  people  of  English  lineage  as  the 
right  of  trial  by  jury.  Such  a  body  is  not  to  be 
lookeil  up  to  with  fear;  for  the  happiest  day  in  the 
life  ol  a  man,  falsely  accused  of  crime,  is  the  day 
when  he  faces  an  honest  jury  and  demands  that  they 
shall  "harken  to  his  cause."  Nor  are  they  to  be 
despised — they  alone  are  clothed  with  the  tremen- 
dous power  of  taking  away  the  life  which  God  alone 
can  give  and  none  can  take  away  without  His  con- 
sent— under  Deity,  they  are  the  absolute  arbiters  of 
the  prisoner's  fate,  with  none  to  question  their 
verdi.jt,  and  from  which  there  is  no  appeal.  And  as 
vou  fear  them  not,  neither  can  you  despise  them; 
vou  are  to  address  them  boldly,  and  with  the  most 
profound  respect.  Vou  want  their  verdict,  you  hun- 
o-er  and  thirst  for  it,  and  you  must  ha\'e  it,    if  by  the 


26 

best  exercises  of  your  best  powers  of  heart  and 
mind  it  may  be  had.  As  you  look  each  juror 
steadily  in  the  eyes,  let  your  looks  jjive  assurance, 
that  they  have  no  reason  to  fear  that  you  will  at- 
tempt to  hector  or  brow- beat,  nor  to  trick  or  deceive 
them,  into  a  verdict — neither  to  despise  you  be- 
cause of  the  truculency,  sycophancy  or  subserviency 
of  your  manner;  or  for  your  artfulness  and  disin- 
j^enuousntss  in  presenting  to  them  your  client's- 
cause. 

Speak  to  your  client's  cause.  It  is  generally  best 
to  commence  in  an  ordinary  conversational  tone  and 
with  as  much  of  clearness  as  you  can,  make  a  fair 
summary  of  the  evidence.  I  say  a  fair  summary — ■ 
it  must  be  absolutely  so,  and  it  must  be  full;  no  im- 
portant portion  of  the  evidence  rnust  be  omitted, 
and  not  one  jot  or  tittle  must  be  perverted  — this 
must  be  done,  not  coldly,  for  there  must  be  no 
coldness  about  your  whole  speech;  your  manner 
should  be  calm  and  dignified,  and  your  self  posses- 
sessions  perfect  but  not  conspicuous.  If  you  per- 
form this  part  of  your  task  well,  you  will  perceive 
that  you  have  secured  the  attention  of  the  jury  and 
to  that  they  are  preparing  to  give  you  their  con- 
fidence. To  fi.\  and  keep  their  attention,  without 
wh'ch  your  speech  will  be  in  vain,  your  manner 
must  be  natural  and  not  theatrical,  and  by  voice, 
jesture,  attitude  and  countenance  you  must  show 
that  you  are  speaking  from  the  heart  to  the  heart; 
for  it  is  true  that  with  most  plain,  honest,  men,   it  is 


27 
lartjely  throuijli  their  (niiotional  natures  you  inust 
seek  and  receive  their  intellectual  assent.  Be  can- 
ilid,  be  honest,  be  earnest,  be  eloquent,  forensic 
eloquence  of  today,  which  is  "lo^nc  red  hot." 

There  is  one  further  and  very  important  sug^sres- 
tion  I  will  make  to  you.  When  you  have  done, 
stop-  For  when  your  speech  has  reached  its  natur- 
al and  e.xpected  close,  you  go  on  with  needless  re- 
petitions or  unmanly  appeals  for  mercy,  with  which 
ihe  jury  has  nothinjr  to  do,  you  run  the  almost  cer- 
tain risk  oi  obliterating  many  of  the  impressions  you 
may  have  made  on  their  minds  favorable  to  the 
prisoner,  and  inclined  them  stroncrely  to  find  for  the 
v'-tate. 

Alter  obtaining  license  to  practice  law,  you  will  be 
told,  have  doubtful  been  many  times  told  all  ready, 
there  is  no  room  in  North  Carolina  for  any  more 
lawyers  than  we  now  have,  the  legal  profession  in 
the  State  is  crowded,  with  the  Supreme  Court  li- 
censing thirty  or  forty  or  fifty  new  lawyers  every 
year,  and  with  the  number  of  cases  on  the  docket 
growing  smaller  in  every  county  in  the  State,  and 
their  importance  growing  less,  the  harvest  for  you 
(it  there  is  any  harvest)  is  very  unpromising — and 
you  will  be  advised  to  go  into  some  other  business. 
I  say  to  you.  be  not  discouraged  by  such  sugges- 
tions, and  heed  not  such  advice;  if  you  love  the  law, 
and  feel  that  you  have  an  aptitude  for  its  practice, 
stick  to  it.  Taking  into  consideration  the  facts  that 
many  licensed  attorney  move  from    the    State,  and 


28 

many  turn  their  attention  to  other  business,  the; 
number  o^  lawyers  in  the  State,  today,  is  not  greater 
in  proportion  to  population  than  it  was  prior  to  i860; 
the  decrease  of  litigation,  is  an  incident  of  the  "hard 
times"  which  have  been  upon  the  country  for  sever 
al  years  past,  and  may  be  expected  to  pass  awa)- 
when  prosperity  returns;  prosperous  times  for  the 
people  generally  are  prosperous  times  for  the  law- 
yers, and  the  reverse.  Even  as  it  is  now  I  do  not 
know,  nor  by  inquiry  I  have  not  been  able  to  dis- 
cover, a  lawyer  in  North  Carolina,  who  is  sober, 
honest  and  diligent  in  business,  who  is  not  meeting 
with  reasonable  success — certainly  with  as  much 
success  as  are  those  engaged  in  other  persuits  of 
life — there  is  no  rcnsoii.  why  you  should  despair, 
and  but  little  more  why  you  should  despond. 

Where  shall  you  locate,  is  a  question  which  each 
one  of  you  will  naturall)'  ask  himself.  You  will  look 
at  the  States  to  the  North  and  to  the  South,  but 
most  hopefully  to  the  vast  empire  beyond  the  Miss- 
issippi, called  "The  West,"  and  you  will  assume  that 
any  place  is  a  more  promising  field  of  labor,  and 
more  inviting  to  nmbitious  youths  than  is  the  State 
of  your  birth — you  are  mistaken.  I  have  traveled 
over  a  large  portion  of  this  great  country,  and  am 
tolerably  familiar  with  the  conditions  of  life  in  the 
West  and  South-west,  and  know  that  to  you  they 
would  be  as  new,  strange  and  hard  as  if  you  were 
on  another  continent;  and  you  would  soon  learn  that 
the  same  energy  and  effort  you  would  have    to    put 


29 

forth  there  would  s^ive  better  and  happier,  if  not 
greater,  results,  if  imployed  at  home  among  kindred 
and  friends,  and  those  who  wish  you  well.  Each 
country  has  it  advantages  and  its  drawbacks,  but 
averaging  all,  I  declare  to  you  I  would  rather  take 
my  chances  for  life,  liberty  and  happiness  in  North 
Carolina  than  in  any  portion  of  the  earth  I  have 
seen. 

"Tho'  the  scorner  may  sneer  at 

And  the  witling  defame  her. 
My  heart  swells  with  gladness 

Whenever  I  name  her." 


